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Makenzie Moncrief

Lifeguard station on a beach

What is Lifeguard Negligence?

By Personal Injury, Public Entity, Wrongful Death

Lifeguard Responsibilities

Lifeguards play a vital role in keeping swimmers and beachgoers safe. They are often the first to respond in emergencies, stepping in quickly to protect and assist anyone in danger, whether in the water or on shore. Although their dedication and effort remain at the heart of what they do, like all people, lifeguards are human and can make mistakes. While every case is unique and depends on the specific facts, here are some situations that may indicate negligence by a lifeguard or the public entity responsible for maintaining the pool or beach.

Warning Signs of Lifeguard Negligence

  • The lifeguard is distracted and looking at a phone.
  • The lifeguard is talking with friends or not watching the water.
  • The lifeguard station is empty and not posted warning of no lifeguard on duty.
  • No rescue equipment is visible or within reach.
  • Lifeguards are not rotating or scanning their zone.
  • The swimming area is overcrowded.
  • No clear rules or signage are posted.
  • Lifeguards appear tired, bored, or disengaged.

These warning signs often indicate that something more serious could follow, especially when the responsibility may lie with the lifeguard.

Pool Scenarios Involving Negligence

While every case is unique and depends on the specific facts, below are some common scenarios that may indicate negligence by a lifeguard or the public entity responsible for maintaining the area.

Lifeguard at Fault Scenarios
  • Not rotating stations or taking breaks, reducing alertness.
  • Looking in a fixed direction for too long or scanning too slowly, missing struggling swimmers.
  • Failing to prevent swimmers from running, roughhousing, or entering restricted areas.
Public Entity Fault Scenarios
  • Failing to clean up litter or debris that can cause cuts or injuries.
  • Lifeguards lacking proper rescue training or delaying CPR.
  • Not displaying a “No Lifeguard on Duty” sign when required.

Beach Scenarios Involving Negligence

Lifeguard at Fault Scenarios
  • Hesitating to respond to a swimmer in distress.
  • Leaving a post or assigned zone without a replacement.
  • Lacking knowledge of rip currents or other natural hazards.
Public Entity Fault Scenarios
  • Not posting flags or warnings for hazards like strong currents or jellyfish.
  • Insufficient lifeguard staffing for the day.
  • Failing to post a “No Lifeguard on Duty” sign for public awareness.

What Compensation May Be available?

If you have been injured and it has kept you from working, you may be entitled to compensation for lost wages to help ease the financial burden. We also understand how deeply pain and suffering affect your life, and monetary compensation may help acknowledge that hardship. In the devastating event that an injury results in the loss of a life, you and your family might be able to seek support for funeral expenses and the emotional pain that comes.

Minor’s Compromise Cases in Lifeguard Negligence

When a child is injured, they cannot file a legal claim on their own. A parent or guardian must do it for them. To ensure the child’s best interests are protected, any settlement usually needs court approval. In many cases, the money is placed in a trust or saved until the child turns 18. Parents can often recover medical expenses, while children may obtain compensation for trauma, pain, or lasting effects from the injury.

How can Fielding Law Help

Our goal is to help you gain clarity during this difficult time, especially if you are unsure whether the responsibility lies with a lifeguard or the facility itself. Understanding who may be at fault can be an important step in moving forward, and whenever you are ready, know that we are here to assist you. Call Fielding Law 833.88 SHARK for your free consultation today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

people at a crowded restaurant

Injured at a Restaurant?

By Burn Injury, Personal Injury, Premises Liability, Slip or Trip and Fall

Dining out should be an enjoyable and relaxing experience, but sometimes a simple restaurant visit can take an unexpected turn. Accidents like scalding spills, slippery floors, or poorly maintained seating can lead to serious injuries—often requiring the help of a restaurant injury attorney to recover damages and protect your rights.

Common Types of Injuries

Burns or Scalds
  • Servers failing to warn guests about hot dishes or beverages
  • Spills from tea, coffee, or any other hot beverage
  • Table side cooking or open flames leading to accidental burns
Cuts or Punctures
  • Overlooked chipped or cracked glass
  • Broken dishes or glasses that are not cleaned up properly or quickly
  • Sharp silverware that isn’t checked, dull knives, and loose handles on knives
  • Sharp table edges and chairs
Food-Related Reactions
  • Improper food handling or preparation leading to allergic reactions or food poisoning
  • Staff not properly trained on ingredients or preparations, resulting in allergic reactions
Slip, Trips, and Falls
  • Dim or poor lighting
  • Wet floors with no sign
  • Loose floorboards, cracked tile, and uneven flooring
  • Misplaced mats or obstructed walkways
Falling Objects
  • Faulty Light Fixtures
  • Ceiling Panels
  • Tray or Plate Drops by Staff

What are My First Steps After?

  • Seek medical attention even if you feel that the injury is minor
  • Take pictures and video of the hazard, the area of the accident, and the injury
  • Collect Witness information
  • Report the incident to management and ask for a copy of the report
  • Reach out to a restaurant injury attorney, such as Fielding Law, as soon as you can.

Why Hire a Restaurant Injury Attorney?

It is understandable to feel uneasy about dining out; your past experiences can shape how you feel in situations like this. As we handle the legal side of your potential case, we can make this process comfortable and stress free for you and your loved ones. Fielding Law offers the dedicated support and legal expertise you need to confidently navigate the path to recovery after your injury. Reach out to us at 833.88 SHARK for your free consultation today-we are here for you and committed to guide you through your options.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

two women hiking at torrey pines

Injured at Torrey Pines While Hiking

By Bicycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall, Wrongful Death

One of the most scenic and popular hikes located along the coast of San Diego, California, is Torrey Pines. Overlooking the Pacific Ocean, it offers breathtaking views and serves as a peaceful spot where families and friends can reconnect with nature and share meaningful moments together. But even in a place this beautiful, accidents can still happen-and knowing what to do next matters.

Common Injuries at Torrey Pines

Slip, Trip, and Falls
  • A quick misstep can lead to real injuries, especially when loose rocks or steep drop-offs are involved.
Bicycle Accidents
  • While bikes are not allowed on the trails, they are permitted on paved roads within the state beach. Accidents can still happen whether with vehicles or unexpected obstacles.
Pedestrian Accidents
  • Unfortunately, the fun at Torrey Pines can sometimes get out of hand. When people aren’t careful while driving vehicles or riding bikes on the paved paths in the state park, it can lead to serious safety concerns.
Lack of Proper Signage
  • The state beach has a responsibility to look out for your safety by identifying any serious hazards. Without proper signage, people are at risk to life threatening hazards that may not be obvious.
Golf Cart Accidents
  • Although golf carts are not allowed on the trails, they are very common on or near the course. Sadly, accidents can happen with these vehicles, whether from brake failure, steering problems, or worn-out tires. The golf club has a responsibility to maintain golf carts break systems, steering system, and check tires regularly. If you are injured due to reckless drivers that liability would fall on the driver.

What to Do if You Are Injured

Who Is Responsible for My Injuries at Torrey Pines

State parks have a responsibility to keep their property well-maintained for all who visit. When this duty is overlooked, and someone gets hurt, the park needs to be held accountable. Your safety should never be a neglected detail.

Can You Sue a State Park?

If a state park fails to meet its obligation to keep visitors safe, and you are injured as a result, you may have the right to file a claim. However, pursuing legal action against a government entity is not simple. The statute of limitations for injuries on government property is often shorter than in other cases. Speaking with an attorney as soon as possible after your injury can help protect your rights and ensure you are on the right path from the beginning.

Proving Negligence

To establish negligence, you must show that the park had a duty to ensure your safety, failed to meet that duty, and caused you actual harm. If you were injured at Torrey Pines, it is important to understand how liability works and what evidence is needed to support your claim. Our team can help you assess your situation and explore your legal options with care and clarity.

Our Purpose

No matter where you are or what you are facing, our top priority is helping our clients become whole again. We are here not only to represent you but to educate and empower you throughout the legal process. You deserve to move forward with clarity and confidence. Call 833.88.SHARK for afree consultation — we are ready to help.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

a man with ptsd or fear after his accident sitting on a chair in a white room with this head down and hands on his head

Overcoming Fear After an Accident

By Car Accident

Emotional Effects of an Accident

Accidents do not just affect you physically-they can leave deep emotional scars. It is completely normal to experience feelings of shock, sadness, anxiety, anger, fear, and even numbness immediately following the accident or later in the healing process. This was a sudden, life-threatening event, where your sense of control and safety taken away from you. For some, these emotions fade with time, but others unfortunately develop conditions like depression, chronic anxiety, and even PTSD (Post Traumatic Stress Disorder.) Everyone responds differently post-accident, but together we can review the fundamentals of recovery to prevent any long-term health issues.

One Step at a Time

Getting back behind the wheel can be scary, and it is ok to take your time. Gradually expose yourself to driving again by starting small. Try going around the block with a family member or friend and ease your way to driving on side streets and freeways. Gently remind yourself to keep to the speed limit and be cautious of your surroundings. Focus on the things that are in your control, and trust that you are doing your best.

Check Out These Helpful Resources

  • Pain journal: Grab yourself an inexpensive journal and write out your emotional and physical feelings post-accident. It is a valuable tool in recognizing patterns, triggers, and see what regimens are working to help you on your recovery journey.
  • Speaking with a therapist or counselor: Mental health professionals provide a safe space for you to process your emotions and work to build coping strategies catered to your needs.
  • Support groups: These groups connect you with individuals who have experienced the same or similar situation as you. They can relate and give needed emotional support during this trying time.
  • Adding a Wellness Practice to your Routine: Carving out a specific time each day for activities such as yoga, meditation, and even spending time in nature are crucial to your healing process as they encourage relaxation and boost your overall mental clarity.

How a Lawyer/Attorney Can Help

Having an attorney by your side can help lift stress during this difficult time. With their experience they can connect you to additional resources and take care of the legal side of the accident. Finding the right attorney can make all the difference in your recovery.

Why Hire Fielding Law

At Fielding Law, supporting you through both your legal journey and emotional well-being is our top priority. Our approach is grounded in professionalism and compassion, making sure you feel seen, heard, and cared for. Do not let your accident define you, let us guide you through the next steps toward stability and a positive outcome. Call 833.88.SHARK  for a free, no-obligation consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

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